Subject of Dispute: Determining the Correct Procedure for Pension Calculation When Transitioning from Service Pension to Old-Age Pension.
Main Arguments of the Court: The Supreme Court established that when a person transitions from a service pension to an old-age pension under a different law, this constitutes a new pension assignment, not a transfer. Therefore, when such a transition occurs, the average salary index for the three years preceding the year of pension application should be used, rather than the previous index.
Court Decision: Satisfy the plaintiff’s cassation appeal, cancel the appellate court’s resolution, and uphold the first instance court’s decision on pension calculation using the average salary index for 2018-2020.
